Allahabad High Court
“Aggrieved” Unmarried Daughter Has Right To Maintenance Under Domestic Violence Act, Irrespective Of Her Religion & Age: Allahabad High Court
The Allahabad High Court has held that an unmarried daughter has the right to obtain maintenance under the Protection of Women from Domestic Violence Act, 2005, irrespective of her religion and age if she falls within the definition of aggrieved person under Section 2(a) of the Act.The Court held that a person seeking only maintenance has recourse under other laws. However, if a person...
Stray Remark Calling Complainant 'Mad' May Be Rude But It Doesn't Constitute Offence U/s 504 IPC: Allahabad High Court
The Allahabad High Court recently observed that a stray statement made by any person by calling someone 'mad', may be inappropriate, improper and rude, however, the same doesn't constitute an offence under Section 504 Indian Penal Code(Intentional insult with intent to provoke breach of the peace). A bench of Justice Jyotsna Sharma observed thus while setting aside an order passed by...
Anyone Including Victims, Eyewitnesses Or Cops Having Knowledge Of Commission Of Cognizable Offence Can Lodge FIR: Allahabad HC
Reading Sections 154 & 155 of CrPC conjointly, the Allahabad High Court has observed that anyone possessing knowledge about the commission of a cognizable offence has the authority to file an FIR. This includes not only the victim or an eyewitness but also any person who becomes cognizant of the offence, extending even to police officers themselves, the Court...
CGST Act | Once Registration Is Cancelled, Uploading Notice On Portal Not Sufficient Notice, Must Be Given At Assesee's Address: Allahabad HC
The Allahabad High Court has held that once the registration of the assesee is cancelled, any notice for proceedings under the Central Goods and Service Tax Act, 2017 shall be served on the address of the assesee. The Court observed that merely uploading notice on the web portal without any intimation to the assesee will vitiate any subsequent action as being bad in law.Elaborating on the...
Allahabad High Court Consolidates 15 Suits Concerning Krishna Janmabhumi-Shahi Idgah Dispute In 'Interest Of Justice'
On Thursday, the Allahabad High Court directed to consolidate 15 suits related to Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The order was passed 'in the interest of justice' on an application filed by the Hindu plaintiffs under Order IV-A of the Civil Procedure Code.All these suits contain a common prayer seeking the removal of the Shahi Idgah mosque from the...
Appointment Based On Forged Documents, Not Entitled To Any Sympathy: Allahabad High Court Upholds Cancellation Of Teacher's Appointment
The Allahabad High Court, on Tuesday (9th January), upheld the cancellation of the appointment of a primary school teacher as it was based on forged documents.The bench comprising of Justice Saurabh Shyam Shamshery observed that “a person such as petitioner, who has procured appointment as Teacher on basis of forged educational documents, cannot be entitled for any sympathy and he is...
S.243(2) CrPC | Accused Can't Summon Prosecution Witness Who He Had Cross-Examined Unless Magistrate Satisfied It Is Essential: Allahabad High Court
The Allahabad High Court has held that under Section 243(2) of the CrPC, the Magistrate is under an obligation to not compel re-appearances of prosecution witnesses already examined by the accused unless the Magistrate is satisfied that it is necessary to meet the ends of justice.While dealing with the order of the Trial Court rejecting the application for summoning defence witnesses,...
Allahabad HC (DB) Refers Matters Involving Lawyers Accused Of Land Grabbing To CJ For Nomination Of Bench For Regular Hearing
The Allahabad High Court (Division Bench) has referred a bunch of cases involving lawyers accused of land grabbing to the Chief Justice to nominate a specific bench that will be responsible for the regular hearing of these cases. The order was passed by a bench of Justice Rajan Roy and Justice Narendra Kumar Johari to streamline and expedite hearing in these matters that are...
Allahabad High Court Imposes ₹25K Cost On UP Govt As Its Standing Counsel 'Wastes' 10 Minutes Of 'Precious' Judicial Time
The Allahabad High Court (Lucknow Bench) on Monday imposed a cost of Rs. 25,000 on the UP Government. This action was taken as the Standing Counsel, seemingly unprepared, wasted 10 minutes of 'precious' judicial time while presenting arguments in a writ matter. Justice Abdul Moin issued the order, marking the third instance on a single day (January 8) where the Court came down heavily...
PIL For Ban On Open Sale Of Acid: Allahabad HC Issues Notice To UP Govt, Seeks Details On State's Measures To Prevent Acid Attacks
On Tuesday, the Allahabad High Court directed the Uttar Pradesh government to submit an affidavit specifying the measures implemented by the state authorities to curb the open sale of acid across the state. Additionally, the court has requested details on acid attack cases recorded by the state police over the past five years.A bench of acting Chief Justice Manoj Kumar Gupta and Justice...
Covid Norms Violation Case | Allahabad High Court Stays Criminal Proceedings Against RLD Chief Jayant Chaudhary
The Allahabad High Court on Monday granted a stay on criminal proceedings pending before the MP/MLA Court, Gautambudh Nagar against Rashtriya Lok Dal (RLD) chief and Rajyasabha Member Jayant Chaudhary over alleged violations of the model code of conduct and Covid-19 norms in 2022. While granting a stay on criminal proceedings, a bench of Justice Sanjay Kumar Singh also directed the state...
UP Urban Premises Tenancy Act | No Requirement Of Prior Notice If Eviction Application For Personal Use Of Property: Allahabad High Court
The Allahabad High Court held that under Section 21(2)(m) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, there is no requirement of prior notice to tenant for filing an eviction application before the rent Authority under the Act, if the eviction is for personal use of the tenanted premises.Distinguishing the procedure under the Uttar Pradesh Urban Buildings (Regulation...